EXCLUSIVE:The Walking Dead isn’t back on the air until October 11 but AMC today tried to take a zombie apocalypse sized legal bite out of Frank Darabont and CAA’s multi-claim ongoing action against them. “All of Plaintiffs’ claims in this lawsuit ultimately will be proven meritless, but, …Darabont’s new breach of contract claims alleging entitlement to an additional 5% of contingent participation should be dismissed now,” said the cabler tonight in an almost down to the deadline wire response to the plaintiffs’ first amended complaint of August 4 in the nearly 2-year old multi-million dollar case.

“Contracts are not screenplays,” echoes the chomping memorandum of law from AMC’s lawyers in support of their dismissal aim (read it here) in language they’ve used before in this case. “They cannot be unilaterally rewritten simply because one party dislikes the ending. Yet, that is precisely what plaintiff Frank Darabont, a screenwriter, attempts to accomplish by amending his Complaint in this action to allege that he is entitled to an additional five percentage points of contingent compensation beyond the more than ten percentage points he already receives.”

This is the latest blow in the bare knuckles suit that the ex-TWD EP and the heavyweight agency filed in late 2013 with claims that Darabont was screwed over with unpaid fees, gross receipts, intentionally low license fees, owed credits and more. After developing and launching the hit show based on the Robert Kirkman created comics series, Darabont was pink slipped in July 2011 after the first season had aired and Season 2 was in production. His successor Glen Mazzara was out the door on TWD in December 2012 after the end of the third season. Scott Gimple has served as showrunner on the series, which is going into its sixth season next month, since January 2013. Part of AMC’s argument today is that Darabont isn’t entitled to the additional participation dough because he wasn’t actually working on TWD until “after the conclusion of [the] second season of the Series.”

Darabont and CAA’s amended complaint filed this summer dropped the wrongful termination language in the initial filing but added that Darabont was now due 100% of his “Developed By Profits and EP/Showrunner Profits” vested shares. Also worrying for AMC was that Darabont and his agency set their sights on freshman Fear The Walking Dead, which debuted on August 23 to record breaking results. Labeling the series a “derivative productions” for which they are due some serious cash under Darabont’s deal with AMC. AMC has always referred to FearTWD as a “companion” series – a parsing of language with legal implications. The issue of FearTWD did not come up in AMC’s pre-Emmy weekend response filings tonight.

“AMC’s relentless effort to deprive Frank Darabont of his vested rights to participate in the profits of TWD is yet another example of their callous attitude toward the creator of the show,” said CAA and Darabont’s lead lawyer Dale Kinsella in response to the response. “This frivolous motion will be vigorously opposed”

After long battles in discovery over who has a right to look at what from whom, sources tell me that depositions in the case continue with big names from both sides like AMC Networks CEO Josh Sapan and programming head Joel Stillerman as well as CAA president Richard Lovett recently facing questions from the lawyers. The late August litigious version of a knife fight with AMC livid over CAA Business Affairs exec Jon Ringquist being revealed not to be an attorney has hit a roadblock. While the plaintiffs admit the agency higher-up is not a lawyer and it was an error that he was said to be one, the parties are not able to find a resolution to what AMC sees as repeated “false representations” by the other side. Rinquist was one of the few in the case given the right to look over the paperwork of the other side.

AMC said on a sanctions seeking filing on August 20 there is no way he should be looking at the much contested and confidential AMC agreements for the likes of Breaking Bad and Mad Men that have been dragged into the case. The highly contentious matter is now before the court appointed Discovery master at the order of Judge Ellen Bransten.

19 Comments

Mike M • on Sep 18, 2015 11:43 pm

You get sent to Comic Con and promote the living crap out of your show with your staff, and three days later your network dismisses you, separates your crew up on set, tells them next to nothing in thick and onerous terms that utterly spell out a clear threat to every position should anyone speak out. While you watch fellow show runners on two other shows in the top five on cable getting utterly screwed on their budgets and their visions by the same fools.

The higher up you go the less any part of that organization cares about anyone actually making the content and more about money – it’s a plain and simple sliding scale. At the top it’s SO bad it’s weighted C10/$90. So people get used and abused, discarded and ignored to extents so bad you’re left wondering if they ever really existed because surely that couldn’t have actually happened?

A network could not get any more stupid… but oh no it’s possible. Create a new show, call it a direct companion to the old show and even include the entire old show’s name in its title, while we have a legal battle over percentages still raging on the first. That’s how callous we’re talking.

You go Frank – screw them as deep as you can and take as much pleasure as possible. This network is ACM after all… one ass covering maneuver after another. These f$$ckers need to learn that pinching pennies won’t only cost them the industry respect that’s now long tarnished but more hilariously the very money they sort to save by being such retards over budgets in the first place.

Anonymous • on Sep 19, 2015 12:00 pm

Well said

Anonymous • on Oct 15, 2015 8:10 am

Kurt Sutter had a rant about it eight after it happened. Darabont is goong to win this czse. AMC jad the absolute intent of firing him to avoid paying him.

jon • on Sep 19, 2015 4:27 am

Just pay Darabont you greedy idiots!!!!!!

thisgalrighthere • on Sep 19, 2015 9:50 pm

Yes!

Guest • on Sep 19, 2015 7:47 am

Why was darabont and then mazara fired?

pirate7x • on Sep 19, 2015 10:48 am

What I read: after the development, production, shooting and promotion that Frank Darabont put itno the series, AMC began trimming the agreed budget afforded to him. Darabont was understandably disturbed after all the work he put in and brought his displeasure directly to AMC brass.

Reportedly they later fired him while he was out promoting their show at Comic-Con. It appears they felt they now longer needed him after the ratings proved the show had an audience.

You can search Deadline or google for articles detailing the rift. All accounts seem to show that AMC may have been a bit overzealous and premature in the firing of the main creative and on-set leader of the Walking Dead franchise.

Anonymous • on Oct 15, 2015 8:13 am

Basically, AMC decided to promote Mad Men its critical darling and screwed over the people on Breaking Bad and The Walking Dead. When I say screwed over, i mean $$$$$.

pirate7x • on Sep 19, 2015 10:12 am

Seriously…who are these guys at AMC? Men of ‘wealth & taste’ who know a great project when they see one (Walking Dead, Breaking Bad, Mad Men, etc.) when think they can screw the hands-on creators when the ink is barely dry? C’mon man you at gotta be slicker over the long term than that. No sympathy for these devils.

AMC tried to screw over Frank-Oscar Winner-Darabont?! Shawshank Redemption director? A guy who has made big $$$ for many people in Hollywood? Look I’m no innocent and I study the biz and of course ALL studios and execs have a culture of at least initially trying to exploit talent of any age and always to the newcomers. But what the hell was AMC thinking?

They need to resolve this case and pay Darabont and the other creators ALL the $$$ they owe for simply the sake of of their reputations. They keep this up and creatives will start moving to other networks that at least will use a dab of K-Y and speak sweet nothings before they go to work on you.

AMC = A Massive Crook

Anonymous • on Sep 19, 2015 10:58 am

James Garner sued the networks…I believe 3 different times. He won all cases. They were trying not to pay him but he had a contract. I don’t think this is a new thing …to rip people off. AMC has a “new” show out…fear the walking dead. Can’t wait for ‘MAD WOMEN’ , ‘UNDERMINE AUTHORITY’, ‘DRIVEN HARD & MEAN’….you get it! Oh AMC seems like your execs are kinda dum-dums. Try ‘rotaing’ those guys ;)

Anonymous • on Sep 19, 2015 11:53 am

AMC doesn’t own the tv show they signed it to kirkman

Anonymous • on Sep 19, 2015 2:26 pm

How is Robert Kirkman the original creator of the comic book when there was a comic book back in 1989 called The Walking Dead

Anonymous • on Sep 19, 2015 5:06 pm

That was still him then he has been writing them for years

VonPunk • on Sep 19, 2015 11:55 pm

The 1989 comic was a crappy 4 issue limited series completely unrelated to Kirkman’s universe that debuted in 2003. I don’t think he was even aware of it when he started work on TWD since its pretty under the radar and was most likely not chronicled anywhere on the internet back then, I remember someone bringing it to his attention on the letters page one time.

Anonymous • on Sep 20, 2015 9:13 am

What did he say

thisgalrighthere • on Sep 19, 2015 9:49 pm

Good for him! AMC…you suck! Give the man credit where credit is due. I hope he takes AMC through the ringer! Pay the man the money you owe him and get on with business!

Anonymous • on Sep 20, 2015 9:17 am

He was aware of the 1989 book his book was dead plant then he changed it

Karl Pilkington's Head • on Sep 20, 2015 4:36 pm

I loved what Frank did in the first season and was looking forward to his vision for season 2. Then he was fired and I was instead treated to a 2nd season slower than the Zombies, spent mostly in the same boring location, and where the the entire season amounted to 1. People talking 2. A body in a well. 3. And the missing kid was in the barn the whole time! Total letdown and I totally lost interest. To add insult to injury we had to hear about the awesome things that could have been. i.e. Frank wanted to tell the story of the soldier in the tank from the very first episode…which could have been a great stand alone story. But no, AMC in their infinite wisdom fired the guy who made the show a hit, and wrote & directed “The Shawshank Redemption” as if he was some hack. AMC is run by chimps.

Anonymous • on Oct 11, 2015 10:43 pm

I truly hope Frank gets every dime he’s owed. When you look at how many favors he called in to get this show launched properly its a dsigrace the way he’s been treated by AMC.